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02 August 2019

Gorilla wars: infringement but no intent

The US Court of Appeals for the 11th Circuit has confirmed that the mark GORILLA GYM, used by Velex Corporation for indoor pull-up bars and accessories, infringed PlayNation’s GORILLA PLAYSETS mark for outdoor children’s playsets.

01 August 2019

“Never seen anything like this” – USPTO experiences massive surge in trademark applications from China

The USPTO experienced a huge rise in trademark applications last week, with a large proportion coming from applicants in China. WTR talks with IP experts and the USPTO about how this unprecedented activity could affect all applicants.

01 August 2019

How FaceApp’s terms of use could open risk of infringement that you can’t fight

A media storm has circled around Russian-owned FaceApp over fears that personal data is being sold for potentially nefarious purposes. We speak with an expert about the legal issues that rights holders should be aware of.

29 July 2019

CBD-infused food and beverages: in the crosshairs for a food labelling class action?

With the regulatory gap in food and beverage labelling yet to be bridged, the legal landscape for manufacturers looking to enter the hemp-based cannabidiol market remains murky.

29 July 2019

Practical strategies for managing luxury brands

A group of senior trademark and brand professionals recently convened in New York to discuss strategies for protecting, enforcing and monetising fashion and luxury brands. This special report details some of the key points and presents essential takeaways.

25 July 2019

No jury trial for trademark infringement claims

In a recent cosmetics trademark infringement decision, the US Court of Appeals for the 11th Circuit has considered an issue of first impression concerning the Seventh Amendment right to a trial by jury.

19 July 2019

Amending the Lanham Act, protecting Lamborghini in Brazil, and "a factory of ideas": news digest 

In our latest edition, we look at Michael Kors launching a digital store on Alibaba’s Tmall, INTA's call for the Lanham Act to be amended, an illicit trade report from TRACEIT, China’s IP transformation, and much more.

18 July 2019

Post-verdict motion for increased damages ends on a sour note

In Barrington Music Products Inc v Music & Arts Center, the US Court of Appeals for the Seventh Circuit has held that the mark owner was not entitled to an increased damages award after discovering that two of the defendants were not separate companies.

16 July 2019

Yosemite settles, UKIPO needs your help, and Huawei seeks harmony: news digest

In our latest edition, we look at a reminder of the medical risks of counterfeits in Hong Kong, a car air freshener brand taking Ryanair to court, Monaco now using the TMclass list, applications up in Bhutan, and much more.

11 July 2019

US trademark litigation levels on course to hit four-year high

The latest data from Lex Machina reveals that 2,289 trademark litigation actions were filed in the United States in the first half of 2019, up 12% year-on-year. If current trends continue, it will represent a four-year high.

11 July 2019

Strong internal communications, flexibility and diversity make for a winning team at MetLife

Juggling global operations spread out among affiliates can be a daunting task but open communication, company-wide interaction and knowledge sharing allows these trademark professionals to manage an impactful and efficient portfolio.  

05 July 2019

New JPO commissioner, USPTO updates scandalous guidelines, and Kardashian copycat lawsuit: news digest

In our latest round-up, we look at IP Australia announcing examination delays, the Portuguese registry updating its fees, the Crips street gang apologising for a trademark dispute, and much more.

05 July 2019

What Xi Jinping’s IP promises do and don’t say about the US-China trade war

The president of the People’s Republic of China, Xi Jinping, spent a great deal of his keynote speech at the start of last week’s G20 discussing IP matters. We analyse the key messages that brand owners can take away – and what the proposed changes lack.

04 July 2019

Infringer need not have “affixed” the mark to goods to be found liable

Applying generally accepted principles of trademark law, the US Court of Appeals for the Federal Circuit has found that using a competitor’s trademarks in marketing materials to promote competing products constitutes trademark infringement.

03 July 2019

“A necessary move” – USPTO to require foreign trademark applicants to use US attorneys

The USPTO will soon require foreign-domiciled trademark applicants to be represented by a US licensed attorney. Talking to WTR, experts say this change is needed due to the US trademark register being “flooded with fraudulent applications from foreign nationals”.